Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35797 of 2025 Arising Out of PS. Case No.-19 Year-2025 Thana- CHIRAIYA District- East Champaran ====================================================== Kundan Kumar S/o- Sanjay Prasad Jaiswal Resident of Village- Lalbegiya PS- Chiraiya, Dist- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Rambha Devi W/o- Omprakash Sahni Village- Lalbegiya Ps- Chiraiya DistEast Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md Harun Quareshi For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-06-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Chiraiya P.S. Case No. 19/2025 dated 10.01.2025 registered for the offence punishable u/s 96 read with Section 3(5) of the B.N.S.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant by enticing her.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.35797 of 2025(2) dt.17-06-2025 2/2 possession of the petitioner. There was a love affair between both the parties. The victim in her statement recorded under section 180 of the B.N.S.S has stated that she has voluntarily left her house and went to Surat with the petitioner and has soleminzed marriage with the petitioner and the victim has not levelled anything regarding sexual assault against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 02.02.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the victim is a minor girl.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari in connection with Chiraiya P.S. Case No. 19/2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T